A Study On Marriage Injury Compensation Between Couple

In recent years,in judicial practice,there have been an increasing number of cases in which one spouse sues the other party for infringement,especially after the husband commits the infringement against his wife,more and more women no longer blindly give in,and decisively choose to protect their legal rights through legal means to make up for the damage they have suffered.In judicial practice,when dealing with relevant issues,final judgments are mainly made in accordance with the general tort system or the divorce damages system,which inevitably leads to the problem of different judgments in the same case.How to clarify the focus of legal disputes,clarify the particularity of marital torts and the differences between relevant rules,safeguard the legitimate rights and interests of the parties,the stability of the family,and the authority of the law are issues that need to be solved urgently in China’s current laws.Therefore,it is necessary to start from the common controversial issues in judicial practice,discussing and studying the issues related to the compensation for marital tort damages between husband and wife,in order to be helpful to future judicial practice.This text is divided into the following four parts.The first part is overview of the basic theory of compensation for marital tort damages between spouses.The constitutive requirements of marital tort between spouses are different from general tort liability in terms of subjective fault,including intentional and gross negligence.The law should not intervene in general or minor faults to maintain family harmony and stability of marital relationships.There are differences in the nature and legal structure between marital tort liability and divorce liability.There are differences with general tort liability in the identification of subjective elements,scope of application,and burden of proof.There are three theories on whether to recognize compensation for damages caused by marital infringement,including positive theory,negative theory and compromise theory.The positive theory recognizes compensation for damages caused by marital infringement,which conforms to the principles of civil law.The second part is the current situation of judicial application of compensation for damages caused by marital infringement in China.Analyzing the data of judicial adjudication cases of marital infringement from 2014 to 2023,the areas where marital infringement cases occur are concentrated in motor vehicle traffic accidents,personal rights disputes,and divorce disputes.The cited laws mainly refer to the legal norms of road traffic safety,tort liability,and marriage.Judging from the judgment results,some support compensation for damages caused by marital infringement,while others do not,resulting in the phenomenon of different judgments for the same case.The main problems existing in the judicial practice of compensation for damages caused by marital infringement in China including the following aspects.There are differences in the application of compensation for damages caused by marital infringement,general tort liability,and divorce damages,difficulties in the realization of compensation for damages caused by marital infringement,and difficulties in providing evidence for victims.In judicial practice,courts apply different laws in handling such cases,and the number of cases supporting compensation for marital infringement damages proposed by the injured party is far smaller than the number of cases denying compensation for marital infringement damages.The third part is investigation of extraterritorial legislation on compensation for damages caused by marital infringement.Historically,the issue of marital infringement in the two legal systems has mostly undergone a development process from complete denial to partial affirmation,and then to complete affirmation.There are three aspects that can be used for reference in extraterritorial legislation on marital infringement.Firstly,the marital property system is the basis for compensation for damages caused by marital infringement.Secondly,the protection of the rights and interests of the innocent party.Thirdly,equality between men and women and the independence of the personality of husband and wife.The fourth part is suggestions on the judicial application of compensation for damages caused by marital infringement in China.The subjective fault determination of marital tort liability between husband and wife is based on intent and gross negligence,the assumption of marital tort liability under the joint property system of husband and wife can be achieved through the implementation of a very legal marital property system or the filing of a property analysis lawsuit by the aggrieved party,the liability for divorce damages and the liability for marital infringement are different legal issues,and different legal provisions apply,the burden of proof for marital infringement can be applied to the inversion of the burden of proof and the implementation of a highly probable standard of proof.